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Legal Ethics Reviewer San Beda

This document discusses the legal ethics and regulation of the practice of law in the Philippines. It
covers: 1) The Supreme Court has the power to regulate the practice of law, including a…
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LEGAL THICS POWER TO REGULATE THE PRACTICE OF LAW

PRELIMINARY MATTERS CASES: The Constitution [Art. VIII, Sec. 5(5)] vests this power of
control and regulation in the Supreme Court . The constitutional power
Legal Ethics – branch of moral science which treats of the duties which to admit candidates to the legal profession is a judicial function and
an attorney owes to the court, to his client, to his colleagues in the involves the exercise of discretion. Petition to that end is filed with the
profession and to the public. Supreme Court as are other proceedings invoking judicial function [In re:
- It is the embodiment of all principles of morality and Almacen 31 SCRA 562]
refinement that should govern the conduct of every member of the bar. The SC acts through a Bar Examination Committee in the
exercise of its judicial function t o admit candidates to t he legal profession.
PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL Thus, the Committee is composed of a member of the Court who acts as
PROFESSION FROM BUSINESS Chairman and 8 members of the bar who acts as examiners in the 8 bar
1. A duty of public service subjects with one subject assigned to each. [In re Lanuevo, 66 SCRA 245]
2. A relation, as an “officer of the court”, to the administration of The power of the SC to regulate the practice of law includes the
justice involving thorough sincerity, integrity and reliability authority to:
3. A relation to clients with the highest degree of fiduciary 1. Define the term
4. A relation to the colleagues at the bar characterized by candor, 2. Prescribe the qualifications of a candidate to and the subjects
fairness and unwillingness to resort to current business of the bar examinations
methods of advertising and encroachment on their practice, or 3. Decide who will be admitted to practice
dealing directly with their clients. 4. Discipline, suspend or disbar any unfit and unworthy member
of the bar
PRACTICE OF LAW 5. Reinstate any disbarred or indefinitely suspended attorney
6. Ordain the integration of the Philippine Bar
CASE: Any activity in or out of court which requires the application of 7. Punish for contempt any person for unauthorized practice of
law, legal principle, practice or procedure and calls for legal knowledge, law
training and experience. (Cayetano vs Monsod, 201 SCRA 210) 8. Exercise overall supervision of the legal profession
Strictly speaking, the word practice of law implies the 9. Exercise any other power as may be necessary to elevate the
customary or habitual holding of oneself to the public as a lawyer and standards of the bar and preserve its integrity.
demanding compensation for his services. [People vs. Villanueva 14 SCRA
111] On the other hand, the LEGISLATURE , in the exercise of its POLICE
POWER may, however, enact laws regulating the practice of law to
protect the public and promote the public welfare. But the legislature
MAY NOT pass a law that will control the SC in the performance of its
ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE function to decide who may enjoy the privilege of practicing law and any
PRACTICE OF LAW: (HACA) law of that kind is unconstitutional as an invalid exercise of legislative
1. Habituality- implies customarily or habitually holding oneself power.
out to the public as a lawyer
2. Compensation- implies that one must have presented himself
to be in the active practice and that his professional services WHO MAY PRACTICE LAW?
are available to the public for compensation, as a source of his
livelihood or in consideration of his said services. Any person heretofore duly admitted as a member of the bar,
or hereafter admitted as such in accordance with the provisions of this
3. Application of law, legal principle, practice, or procedure
rule, and who is in good and regular standing, is entitled to practice law.
which calls for l egal knowledge, training and experience
[Sec. 1, Rule 138]
4. Attorney – client relationship

PRIVATE PRACTICE REQUIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE

Private practice is more than an isolated appearance for it consists PRACTICE OF LAW
of frequent or customary actions, a succession of acts of the same kind. I. He must have been admitted to the Bar
a. Furnishing satisfactory proof of educational, moral and other
NOTE: An isolated appearance does not amount to practice of law of a qualification;
public officer if allowed by his superior in exceptional cases. b. Passing the bar
c. Taking the Lawyer’s Oath before the SC
NOTE: The practice of law is not a natural, property or constitutional A lawyer’s oath signifies that the lawyer in taking such an
right but a mere privilege. It is not a right granted to any one who oath accepts and affirms his ethical obligations in the
demands it but a privilege to be extended or withheld in the exercise of performance of his duties as a lawyer and signifies likewise his
sound judicial discretion. It is in the nature of a franchise conferred only awareness of his responsibilities that he assumes by his
for merit which must be earned by hard study, learning and good admission to the legal profession.
conduct. It is a privilege accorded only to those who measure up to d. Signing the Attorney’s Roll and receiving from the Clerk of
certain rigid standards of mental and moral fitness. Those standards are Court of the SC a Certificate of the license to practice
neither dispensed with nor lowered after admission. The attorney’s II. After his admission to the bar, a lawyer must remain in good and
continued enjoyment of the privilege conferred depends upon his regular standing, which is a continuing requirement for the practice of
complying with the ethics and rules of 333the profession. law. He must:
But practice of law is in the nature of a right. While the a. Remain a member of the IBP (membership therein by every
practice of law is a privilege, a lawyer cannot be prevented from attorney is made compulsory);
practicing law except for valid reasons, the practice of law not being a b. Regularly pay all IBP membership dues and other lawful
matter of state’s grace or favor. He holds office during good behavior and assessments, as well as the annual privilege tax;
can only be deprived of it for misconduct ascertained and declared by c. Faithfully observe the rules and ethics of the legal profession;
judgment of the Supreme Court after opportunity to be heard has been and
afforded him. The state cannot exclude an attorney from the practice of d. Be continually subject to judicial disciplinary control.
law in a manner or for reasons that contravene the due process or equal
protection clause of the Constitution.

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Legal Ethics - Pineda

BASIC REQUIREMENTS FOR ADMISSION TO THE BAR RIGHT OF PARTY TO REPRESENT HIMSELF
Under Section 2, 5 and 6, Rule 138, the applicant must be: Civil Cases: An individual litigant has the right to conduct his litigation
1. Citizen of the Philippines; personally.
2. At least 21 years of age; Criminal Cases: Involving grave and less grave offenses, an accused who
3. Of good moral character; is a layman must always appear by counsel; he CANNOT conduct his own
(Note: This is a continuing requirement.) defense, as his right to counsel may NOT be waived without violating his
4. Resident of the Philippines; right to due process of law.
5. Must produce before the SC satisfactory evidence of good By a Juridical Person: A juridical person must always appear in court by
moral character; a duly licensed member of the bar, except in the municipal trial court
6. No charges against him, involving moral turpitude, have been where it may be represented by its agent or officer who need not be a
filed or are pending in any court in the Phil. [Sec. 2, Rule 138]; lawyer.
7. Must have complied with the academic requirements;
8. Pass the bar examinations.
PARTNERSHIP WITH NON-LAWYERS VOID
Moral Turpitude – imports an act of baseness, vileness or depravity in In the formation of partnership for the practice of law, no person
the duties which one person owes to another or to society in general should be admitted or held out as a practitioner or member who is not a
which is contrary to the usually accepted and customary rule of right and member of the legal profession duly authorized to practice, and amenable
duty which a person should follow. to professional discipline.

ACADEMIC REQUIREMENTS FOR THE CANDIDATES PRACTICE BY CORPORATION

1. Must have already earned a Bachelor’s Degree in Arts or It is well settled that a corporation CANNOT engage in the
Sciences (Pre-law) practice of law. It may, however, hire an attorney to attend to and conduct
2. Law Course – completed courses in Civil Law, Commercial Law, its own legal business or affairs. But it cannot practice law directly or
Remedial Law, Criminal Law, Public and International Law, indirectly by employing a lawyer to practice for it or to appear for others
Political Law, Labor and Social Legislation, Medical for its benefit.
Jurisprudence, Taxation, Legal Ethics. [Sec. 5 and 6, Rule 138] Reasons:
1. Nature of the privilege and on the confidential and trust relation
between attorney and client.
APPEARANCE OF NON-LAWYER IN COURT 2. A corporation cannot perform the conditions required for
membership in the bar, such as the possession of good moral
MAY A NON-LAWYER APPEAR IN COURT? character and other special disqualifications, the taking of an oath
General Rule: Only those who are licensed to practice law can appear and becoming an officer of the court, subject to its discipline,
and handle cases in court. suspension or removal.
3. The relation of trust and confidence cannot arise where the
Exceptions: attorney is employed by a corporation to practice for it, his
1. Before the MTC - a party may conduct his case or litigation in employer and he owing, at best, a secondary and divided loyalty to
person with the aid of an the clientele of his corporate employer.
agent or friend appointed by him. [Sec. 34, Rule 138] 4. The intervention of the corporation is destructive of that
2. Before any court – a party may conduct his litigation personally. confidential and trust relation and is obnoxious to the law.
But he gets someone to aid him and that someone must be an
authorized member of the Bar [Sec. 34, Rule 138]. He is bound by PERSONS AUTHORIZED TO REPRESENT THE GOVERNMENT
the same rules in conducting the trial of his case. He cannot, after Any official or other person appointed or designated in accordance
judgment, claim that he was not properly represented. with law to appear for the government of the Philippines or any of its
3. In a criminal case before the MTC – in a locality where a duly officials shall have all the rights of a duly authorized member of the bar to
licensed member of the Bar is not available, the judge may appoint a appear in any case in which the government has an interest, direct or
non-lawyer who is a resident of that province, of good repute for indirect, or in which such official is charged in his official capacity.
probity and ability to the accused in his defense. [Sec. 7, Rule 116]
4. Student Practice Rule - A law student who has successfully RULES ON PUBLIC OFFICIALS REGARDING PRACTICE OF LAW
completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law school’s clinical PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE
legal education program approved by the SC – may appear PHILIPPINES
without compensation in any civil, criminal or administrative case 1. Judges and other officials or employees of the superior court
before any trial court, tribunal, board or officer, to represent 2. Officials and employees of the Office of the Solicitor General
indigent clients accepted by the Legal Clinic of the school. [Sec. 1, 3. Government Prosecutors
Rule 138-A] The student shall be under the direct supervision and 4. President, Vice-President, members of the Cabinet, their
control of a member of the IBP duly accredited by the law school. deputies and assistants
[Sec. 2] 5. Chairmen and members of the Constitutional Commissions
5. Under the Labor Code – non-lawyers may appear before the NLRC 6. Ombudsman and his deputies
or any Labor Arbiter if they (a) represent themselves; (b) represent 7. Governors, city and municipal mayors
their organization or members thereof [Art. 222, PD 442] 8. Those who, by special law are prohibited from engaging in the
6. A non-lawyer may represent a claimant before the Cadastral Court practice of their legal profession
[Sec. 9, Act. No. 2259]
7. Any person appointed to appear for the government of the PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW
Philippines in accordance with law [Sec. 33, Rule 138] 1. Senators and Members of the House of Representatives
2. Members of the Sanggunian
LIMITATIONS ON APPEARANCE OF NON-LAWYERS BEFORE THE 3. Retired Justice or Judge
COURTS 4. Civil Service officers or employees without permit from their
1. He should confine his work to non-adversary contentions. He respective department heads [Noriega vs. Sison 125 SCRA 293]
should not undertake purely legal work, such as the
examination or cross-examination of witnesses, or the RESTRICTIONS IN THE PRACTICE OF LAW OF MEMBERS OF
presentation of evidence. LEGISLATURE
2. Services should not be habitually rendered.
3. Should not charge or collect attorney’s fees. [PAFLU vs. CASES: A lawyer-member of the legislature is only prohibited from
Binalbagan Isabela Sugar Co. 42 SCRA 302] appearing as counsel before any court of justice, electoral tribunals or
quasi-judicial and administrative bodies. The word “appearance” includes

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not only arguing a case before any such body but also filing a pleading on FOUR-FOLD DUTIES OF A LAWYER
behalf of a client as “by simply filing a formal motion, plea or answer”. 1. Court- respect or defend against criticisms, uphold authority and
[Ramos vs. Manalac 89 Phil 270] dignity, obey order and processes, assist in the administration of
Neither can he allow his name to appear in such pleading by justice.
itself or as part of a firm name under the signature of another qualified 2. Bar- candor, fairness, courtesy and truthfulness, avoid
lawyer because the signature of an agent amounts to signing of a non- encroachment in the business of other lawyers, uphold the honor
qualified senator or congressman, the office of an attorney being of the profession.
originally of agency, and because he will, by such act, be appearing in 3. Client- entire devotion to client’s interest.
court or quasi-judicial or administrative body in violation of the 4. Public- should not violate his responsibility to society, exemplar
constitutional restriction. “He cannot do indirectly what the Constitution for uprighteousness, ready to render legal aid, foster social
prohibits directly”. [In re: David 93 PHIL 461] reforms, guardian of due process, aware of special role in the
solution of special problems and be always ready to lend assistance
RESTRICTIONS IN THE PRACTICE OF LAW OF THE MEMBERS OF THE in the study and solution of social problems.
SANGGUNIAN
They shall not: SPECIFIC DUTIES OF A LAWYER (SEC. 20, RULE 138) [C2A2R2E2D]
1. Appear as counsel before any court in any civil case wherein a 1. To maintain Allegiance to the Republic of the Philippines and
local government unit or any office, agency or instrumentality to support the Constitution and obey the laws of the
of the government is the adverse party; Philippines;
2. Appear as counsel in any criminal case wherein an officer or 2. To observe and maintain the Respect due to the courts of
employee of the national or local government is accused of an justice and judicial officers;
offense committed in relation to his office; 3. To Counsel and maintain the respect due to the courts of
3. Collect any fee for their appearance in administrative justice and judicial officers;
proceedings involving the local government unit of which he is 4. To Employ, for the purpose of maintaining the causes confided
an official. [Sec. 90, R.A. 7160] to him, such means only as are consistent with truth and
4. Use property and personnel of the government except when honor, and never seek to mislead the judge or any judicial
the Sanggunian member concerned is defending the interest of officer by an artifice or false statement of fact or law;
the government 5. To maintain inviolate the Confidence and at every peril to
himself, to preserve the secrets in connection with his client
RESTRICTIONS IN THE PRACTICE OF LAW OF RETIRED and to accept no compensation in connection with his client’s
JUSTICE/JUDGE business except from him or with his knowledge and approval;
As a condition of the pension provided under R.A. 910, no retiring 6. To Abstain from all offensive personality and to advance no
justice or judge of a court of record or city or municipality judge during fact prejudicial to the honor and reputation of a party or
the time that he is receiving said pension shall: witness, unless required by the justice of the cause with which
Appear as counsel before any court in: he is charged;
a. Any civil case wherein the government or any subdivision or 7. Not to Encourage either the commencement or the
instrumentality thereof is the adverse party; continuance of an action or proceeding, or delay any man’s
b. Any criminal case wherein an officer or an employee of the cause, from any corrupt motive or interest;
government is accused of an offense committed in relation to 8. Never to Reject, for any consideration personal to himself, the
his office. cause of the defenseless or oppressed;
2. Collect any fees for his appearance in any administrative 9. In the Defense of a person accused of crime, by all fair and
proceedings to maintain an interest adverse to the government, honorable means, regardless of his personal opinion as to the
provincial or municipal, or to any of its legally constituted officers guilt of the accused, to present every defense that the law
[Sec 1, RA 910]. permits to the end that no person may be deprived of life or
liberty, but by due process of law.
REMEDIES AGAINST UNAUTHORIZED PRACTICE (DICED)
1. Petition for Injunction DUTY OF COUNSEL DE OFICIO
2. Declaratory Relief A counsel de oficio is expected to render effective service and
3. Contempt of Court to exert his best efforts on behalf of an indigent accused. He has as high a
4. Disqualification and complaints for disbarment duty to a poor litigant as to a paying client. He should have a bigger dose
5. Criminal complaint for estafa against a person who falsely of social conscience and a little less of self-interest.
represented to be an attorney to the damage of a party
ROLE OF PRIVATE PROSECUTOR
A private prosecutor may intervene in the prosecution of a
PRIVILEGES AND DUTIES OF A LAWYER criminal action when the offended party is entitled to indemnity and has
not waived expressly, reserved or instituted the civil action for damages.
PRIVILEGES OF AN ATTORNEY: He may prosecute the accused up to the end of the trial even in the
1. To practice law during good behavior before any judicial, quasi- absence of the public prosecutor if authorized by the chief of the
judicial, or administrative tribunal. prosecution office or the Regional State Prosecutor subject to the
2. The first one to sit in judgment on every case, to set the judicial approval of the court (Sec. 5, Rule 110; Rules of Court dated May 1, 2002).
machinery in motion.
3. Enjoys the presumption of regularity in the discharge of his duty.
4. He is immune, in the performance of his obligation to his client, THE LAWYER’S OATH
from liability to a third person insofar as he does not materially
depart from his character as a quasi-judicial officer. I, ____________, do solemnly swear that I will maintain allegiance
5. His statements, if relevant, pertinent or material to the subject of to the Republic of the Philippines; I will support its Constitution and obey
judicial inquiry are absolutely privileged regardless of their the laws as well as the legal orders of the duly constituted authorities
defamatory tenor and of the presence of malice. therein; I will do no falsehood, nor consent to the doing of any in court; I
will not wittingly or willingly promote or sue any groundless, false or
OTHER PRIVILEGES: unlawful suit, nor give aid nor consent to the same; I will delay no man for
First grade civil service eligibility for any position in the classified service money or malice and will conduct myself as a lawyer according to the
in the government the duties of which require knowledge of law. best of my knowledge and discretion with all good fidelity as well to the
Second grade civil service eligibility for any other government position courts as to my clients; and I impose upon myself this voluntary
which does not prescribe proficiency in law as a qualification. obligation without any mental reservation or purpose of evasion. So help
me God.

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PROHIBITIONS
NOTARY PUBLIC General Rule: A notary public shall not perform a notarial act outside
his regular place of work or business.
A person appointed by the court whose duty is to attest to the Exceptions: A notarial act may be performed at the request of the
genuineness of any deed or writing inorder to render them available as parties in the following sites located within his territorial jurisdiction:
evidence of facts stated therein and who is authorized by the statute to a. Public offices, convention halls and similar places where oaths
administer various oaths. of office may be administered;
b. Public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004 c. Hospitals and medical institutions where a party to the
(August 1, 2004) instrument or document is confined for treatment; and
d. Any place where a party to the instrument or document
QUALIFICATIONS OF A NOTARY PUBLIC requiring notarization is under detention.
1. Must be citizen of the Philippines
2. Must be over twenty-one (21) years of age  A person shall not perform a notarial act if:
3. Must be a resident in the Philippines for at least one (1) year 1. the person involved as signatory to the instrument or
and maintains a regular place of work or business in the city or document-
province where the commission is to be issued a. Is not in the notary’s presence at the time of the
4. Must be a member of the Philippine Bar in good standing with notarization; and
clearances from the Office of the Bar Confidant of the Supreme b. Is not personally known to the notary public or
Court and the Integrated Bar of the Philippines otherwise identified by the notary public through
5. Must not have been convicted in the first instance of any crime competent evidence of identity as defined by these
involving moral turpitude (Rule III, Section 1) Rules (Rule IV, Section 2).
2. the certificate containing an information known or
JURISDICTION AND TERM believed to be false; and
A notary public may perform notarial acts in any place within 3. he shall not affix an official signature or seal on a notarial
the territorial jurisdiction of the commissioning court for a period of certificate that is incomplete (Rule IV, Section 5).
two (2) years commencing on the 1 st day of January of the year in
which the commissioning is made UNLESS earlier revoked or the DISQUALIFICATIONS
notary public has resigned according to these Rules and the Rules of A notary public is disqualified from performing a notarial if he:
Court (Rule III, Section 11). 1) Is a party to the instrument or document;
2) Will receive, as a direct or indirect result any commission, fee,
POWERS AND LIMITATIONS OF NOTARIES PUBLIC advantage, right, title, interest, cash, property, or other
POWERS consideration, except as provided that is to be notarized;
 A notary public is empowered to do the following acts: (JAOSAC) 3) Is a spouse, common-law partner, ancestor, descendant, or
1. Acknowledgments; relative by affinity or consanguinity of the principal within the
2. Oaths and affirmations; fourth civil degree (Rule IV, Section 3).
3. Jurats;
4. Signature witnessings; When notary public may refuse to notarize even if appropriate fee is
5. Copy certifications; and tendered:
6. Any other act authorized by these Rules. 1) When the notary knows or has good reason to believe that the
 A notary public is authorized to certify the affixing of a signature by notarial act or transaction is unlawful or immoral.
thumb or other mark on an instrument or document presented for 2) When the signatory shows a demeanor which engenders in the
notarization if: mind of the notary public reasonable doubt as to the former’s
1. The thumb or other mark is affixed in the presence of the knowledge of the consequences of the transaction requiring a
notary public and of two (2) disinterested and unaffected notarial act.
witnesses to the instrument or document; 3) If in the notary’s judgment, the signatory is not acting in
2. Both witnesses sign their own names in addition to the his/her own free will (Rule IV, Section 4).
thumb or other mark; 4) If the document or instrument to be notarized is considered as
3. The notary public writes below the thumb or other mark: an improper document by these Rules.
“Thumb or Other Mark affixed by (name of signatory by
mark) in the presence of (names and addresses of NOTE: A blank or incomplete instrument or document OR an instrument
witnesses) and undersigned notary public”, and or document without appropriate notarial certification is considered an
4. The notary public notarizes the signature by thumb or Improper Instrument/Document (Rule IV, Section 6).
other mark through an acknowledgment, jurat or
signature witnessing. NOTARIAL CERTIFICATES
 A notary public is authorized to sign on behalf of a person who is Contents of the Concluding part of the Notarial Certificate:
physically unable to sign or make a mark on an instrument or 1) The name of the notary public as exactly indicated in the
document if: commission;
1. The notary public is directed by the person unable to sign 2) The serial number of the commission of the notary public;
or make a mark to sign on his behalf; 3) The words “Notary Public” and the province or city where the
2. The signature of the notary public is affixed in the notary public is commissioned, the expiration date of the
presence of two (2) disinterested and unaffected commission and the office address of the notary public; and
witnesses to the instrument or document; 4) The Roll of Attorneys’ number, the Professional Tax Receipt
3. Both witnesses sign their own names; number and the place and date of issuance thereof and the IBP
4. The notary public writes below his signature: “Signature Membership number (Rule VIII, Section 2).
affixed by notary in the presence of (names and addresses
of person and two (2) witnesses)”, and REVOCATION OF COMMISSION
5. The notary public notarizes his signature by The Executive Judge shall revoke a commission for any ground on
acknowledgment or jurat (Rule IV, Section 1). which an application for a commission may be denied.
In addition, the Executive Judge may revoke the commission of or
impose sanctions upon any notary public who:
1) Fails to keep a notarial register;
2) Fails to make the appropriate entry or entries in his notarial
register concerning his notarial acts;

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3) Fails to send the copy of the entries to the Executive Judge In a criminal action, if the defendant appears without an
within the first ten (10) days of the month following; attorney, he must be informed by the court that it is his right to
4) Fails to affix to acknowledgments the date of expiration of his have an attorney before being arraigned and must be asked if he
commission; desires the aid of an attorney. If he desires and is unable to employ
5) Fails to submit his notarial register, when filled, to the an attorney, the court must assign a counsel de oficio to defend
Executive Judge; him. He is also designated as counsel of indigent litigants. The
6) Fails to make his report, within a reasonable time, to the appointment of a counsel de oficio in that instance is a matter of
Executive Judge concerning the performance of his duties, as right on the part of the defendant.
may be required by the Judge; On appeal in a criminal case, the appellate court must also
7) Fails to require the presence of the principal at the time of the appoint a counsel de oficio if, as shown by the certificate of the
notarial act; clerk of court of the trial court, a defendant (a) is confined in
8) Fails to identify a principal on the basis of personal knowledge prison, (b) without means to employ an attorney, (c) desires to be
or competent evidence; defended de oficio.
9) Executes a false or incomplete certificate under Section 5, Rule
IV; House Counsel – one who acts as attorney for business though carried as
10) Knowingly performs or fails to perform any other act an employee of that business and not as an independent lawyer.
prohibited or mandated by these Rules; and
11) Commits any other dereliction or act which in the judgment of Lawyer – this is the general term for a person trained in the law and
the Executive Judge constitutes good cause for the revocation authorized to advice and represent others in legal matters
of the commission or imposition of administrative sanction
(Rule XI, Section 1). Lead Counsel – the counsel on either side of a litigated action who is
charged with the principal management and direction of a party’s
case, as distinguished from his juniors or subordinates.

PUNISHABLE ACTS Of Counsel – an experienced lawyer, usually a retired member of the

The Executive Judge shall cause the prosecution of any person who: judiciary, employed by law firms as c onsultants.
1) Knowingly acts or otherwise impersonates a notary public;
2) Knowingly obtains, conceals, defaces, or destroys the seal, Practicing Lawyer – one engaged in the practice of law who by license
notarial register, or official records of a notary public; and are officers of the court and who are empowered to appear,
3) Knowingly solicits, coerces, or in any way influences a notary prosecute and defend a client’s cause.
public to commit official misconduct (Rule XII, Section 1).
Pro Se - an appearance by a lawyer in his own behalf.

TERMS TO REMEMBER Trial Lawyer – one who personally handles cases in court,
administrative agencies of boards which means engaging in actual
Amicus Curiae- is an experienced and impartial attorney invited by the trial work, either for the prosecution or for the defense of cases of
court to appear and help in the disposition of the issues submitted clients.
to it. It implies friendly intervention of counsel to call the attention II .THE CANONS OF PROFESSIONAL RESPONSIBILITY
of the court to some matters of law or facts which might otherwise
escape its notice and in regard to which it might go wrong. An Chapter I: The Lawyer and Society
amicus curiae appears in court not to represent any particular CANON -
party but only to assist the court. 1. Uphold the Constitution and obey the laws of the land
2. Make legal services available in an efficient and
Amicus Curiae par excellence – bar associations who appear in court as convenient manner
amici curiae or friends of the court. Acts merely as a consultant to
3. Use of true, honest, fair, dignified and objective
guide the court in a doubtful question or issue pending before it.
information in making known legal services
Attorney ad hoc- a person named appointed by the court to defend an 4. Participate in the improvement of the legal system
absentee defendant in the suit in which the appointment is made. 5. Keep abreast of legal development and participate in
continuing legal education program and assist in
Attorneys-At-Law – that class of persons who are licensed officers of the disseminating information regarding the law and
courts empowered to appear, prosecute and defend, and upon jurisprudence
whom peculiar duties, responsibilities and liabilities are developed 6. Applicability of the CPR to lawyers in the government
by law as a c onsequence. service

Attorney in fact- simply an agent whose authority is strictly limited by Chapter II: The Lawyer and the Legal Profession
the instrument appointing him. His authority is provided in a CANON -
special power of attorney or general power of attorney or letter of 7. At all times uphold the integrity and dignity of the
attorney. He is not necessarily a lawyer. Profession and support the activities of the IBP
8. Conduct himself with courtesy, fairness and candor
Attorney of record- the attorney whose name is entered in the records
toward his colleagues and avoid harassing tactics
of an action or suit as the lawyer of a designated party thereto.
9. Not to directly or indirectly assist in the unauthorized
Bar and Bench – “Bar” refers to the whole body of attorneys and practice of law
counselors collectively, the members of the legal profession:
“Bench” denotes the whole body of judges. Chapter III: The Lawyer and the Courts
Bar Association – an association of members of the legal profession like CANON -
the IBP where membership is integrated or compulsory. 10. Owes candor, fairness and good faith to the court
11. Observe and maintain the respect due courts and judicial
Client – one who engages the services of a lawyer for legal advice or for officers
purposes of prosecuting or defending a suit in behalf and usually 12. Duty to assist in the speedy and efficient administration
for a fee. of justice
13. Rely upon the merits of his cause, refrain from any
Counsel/Attorney de oficio – an attorney appointed by the court to
impropriety which tends to influence courts, or give the
defend an indigent defendant in a criminal action.
appearance of influencing the court

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Chapter IV: The Lawyer and the Client CANON 2: MAKING AVAILABLE EFFICIENT LEGAL SERVICE
CANON - A lawyer shall not reject, except for valid reasons, the cause of
14. Not to refuse his services to the needy the defenseless or the oppressed. (Rule 2.01)
15. Observe candor, fairness and loyalty in all his dealings Even if the lawyer does not accept a case, he shall not refuse to
and transactions with clients render legal advice to the person concerned if only to the extent
necessary to safeguard the latter’s rights. (Rule 2.02)
16. Hold in trust all the moneys and property of his client
that may come to his possession
CANON 3: USE OF TRUE, HONEST, FAIR AND OBJECTIVE
17. Owes fidelity to clients cause and be mindful of the trust INFORMATION IN MAKING KNOWN LEGAL SERVICES
and confidence reposed in him
18. Serve client with competence and diligence ADVERTISING AND SOLICITATION
19. Represent client with zeal and within the bounds of law General Rule: A lawyer cannot advertise his talent, as he is a member
20. Charge only fair and reasonable fees of an honorable profession whose primary purpose is to render public
service and help secure justice and in which the remuneration is a mere
21. Preserve the confidence and secrets of client even after
incident.
the atty.-client relation is terminated
It is highly unethical for an attorney to advertise his talents or
22. Withdraw services only for good cause and upon notice skill as a merchant advertises his wares. [In re: Tagorda 53 Phil 42]

Exceptions:
LAWYER’S DUTIES TO SOCIETY
1. Writing legal articles
CANON 1: UPHOLD THE CONSTITUTION AND OBEY THE LAWS OF 2. Engaging in business or other occupations except when such
THE LAND could be deemed improper, be seen as indirect solicitation or
would be the equivalent of law practice.
DISCOURAGING LAW SUITS 3. Law lists, but only brief biographical and informative data
Under Rule 1.03, a lawyer shall not for any corrupt motive or 4. Ordinary, professional cards
interest, encourage any suit or proceeding or delay any man’s c ause. 5. Notice to other local lawyers and publishing in a legal journal
CRIME OF MAINTENANCE – A lawyer owes to society and to the court of one’s availability to act as an associate for them
the duty not to stir up litigation. The following are unprofessional acts
6. The proffer of free legal services to the indigent, even when
within the prohibition:
broadcasted over the radio or tendered through circulation of
1. Volunteering advice to bring lawsuit except where ties of blood,
printed matter to the general public.
relationship, and trust make it a duty to do so.
7. Seeking a public office, which can only be held by a lawyer or,
2. Hunting up defects in titles or other causes of action and
informing thereof to be employed to bring suit or collect in a dignified manner, a position as a full time corporate
judgment, or to breed litigation by seeking out claims for counsel.
personal injuries or any other grounds to secure them as 8. Simple announcement of the opening of a law firm or of
clients. changes in the partnership, associates, firm name or office
3. Employing agents or runners for like purposes. address, being for the convenience of the profession.
4. Paying direct or indirect reward to those who bring or influence 9. Listing in a phone directory, but not under a designation of a
the bringing of such cases to his office. special branch of law.
5. Searching for unknown heirs and soliciting their employment. 10. Activity of an association for the purpose of legal
6. Initiating a meeting of a club and inducing them to organize and representation.
contest legislation under his guidance.
7. Purchasing notes to collect them by litigation at a profit. Solicitation of Cases Constitutes Malpractice
The law prohibits lawyers from soliciting cases for the purpose
A lawyer shall refrain from committing barratry and ambulance of gain, either personally or through paid agents or brokers and makes
chasing of cases. the act malpractice [Rule 138, sec. 27, Rules of Court]. The rule prohibits
professional touting. Neither shall a lawyer “charge rates lower than
Barratry – offense of frequently inciting and stirring up quarrels and those customarily prescribed unless the circumstances so warrant.”
suits. The lawyer’s act of fomenting suits among individuals and offering
his legal services to one of them USE OF LAW FIRM NAME
1. In the choice of a firm name, no false, misleading or assumed name
Ambulance Chasing – a lawyer’s act of chasing the victims of an accident shall be used. The continued use of the name of a deceased partner is
for the purpose of talking to the same victim or the latter’s relatives and permissible provided that the firm indicates in all its communications
offering his legal services for the filing of the case against the person who that said partner is deceased. [Rule 3.02, Code of Professional
caused the accident. Responsibility]. Hence, the rule abandoned the doctrine laid down in the
case of In re: Sycip, 92 SCRA 1 (1979).
Ambulance Chaser – is a lawyer who haunts hospitals and visits the Reason: All of the partners by their joined efforts over a period of years
homes of the afflicted, officiously intruding their presence and contributed to the goodwill attached to the firm name, and this goodwill
persistently offering his service on the basis of a contingent. is disturbed by a change in firm name every time a partner dies.

Ambulance chasing has spawned recognized evils such as: (FSMD) 2. Where a partner accepts public office, he shall withdraw from the firm
1. Fomenting of litigation with resulting burdens on the courts and his name shall be dropped from the firm name unless the law allows
and the public. him to practice concurrently. [Rule 3.02, Code of Professional
2. Subornation of perjury. Responsibility].
3. Mulcting of innocent persons by judgments, upon
manufactured causes of action. 3. Filipino lawyers cannot practice law under the name of a foreign law
4. Defrauding of injured persons having proper causes of action firm, as the latter cannot practice law in the Philippines and the use of the
but ignorant of legal rights and court procedures by means of foreign law firm in the country is unethical. (Dacanay vs. Baker &
contracts which retain exorbitant percentages of recovery and McKenzie, G.R. Adm. Case No. 2131)
illegal charges for court costs and expenses and by settlement
made for quick returns of fees and against the just rights of the
injured persons.

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CANON 4: PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL 2. Those who have retired from law practice with the approval of
SYSTEM the IBP Board of Governors
Examples:
1. Presenting position papers or resolutions for the introduction Good Cause for Exemption from or modification of requirement
of pertinent bills in Congress; A member may file a verified request setting forth good ca use
2. Petitions with the SC for the amendment of the Rules of Court. for exemption (such as physical disability, illness, post-graduate study
abroad, proven expertise in law) from compliance with or modification of
CANON 5: KEEP ABREAST OF LEGAL DEVELOPMENTS AND any of the requirements, including an
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM extension of time for compliance, in accordance with procedure to be
established by the committee on MCLE.

THREE-FOLD OBLIGATIONS OF A LAWYER: Proof of exemption: Applications for exemption from or modification of
1. He owes it to himself to continue improving his knowledge of the MCLE requirement shall be under oath and supported by documents.
the law.
Consequences of Non-Compliance
2. He owes it to his profession to take an active interest in the 1. A member who fails to comply with the requirements after the
maintenance of high standards of legal education. 60-day period shall be listed as delinquent member by the IBP
3. He owes it to the lay public to make the law a part of their Board of Governors upon recommendation of the Committee
social consciousness. on MCLE.
2. The listing as a delinquent member is administrative in nature
but shall be made with notice and hearing by the Committee on
Bar Matter 850: MANDATORY CONTINUING LEGAL EDUCATION MCLE.
(MCLE)
(Adopting the Rules on the Continuing Legal Education for Members of CANON 6: APPLICABILITY OF THE CPR TO LAWYERS IN THE
the Integrated Bar of the Philippines) GOVERNMENT SERVICE
August 8, 2000
Purpose: To ensure that throughout their career, they keep abreast with Restriction Against Using Public Office to Promote Private Interest
law and jurisprudence, maintain the ethics of the profession and enhance Public officials and employees during their incumbency shall NOT:
the standards of the practice of law. 1. Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
Requirements of Completion of MCLE nominee in any private enterprise regulated, supervised or
Members of the IBP, unless exempted under Rule 7, shall licensed by their office unless expressly allowed by law
complete every three (3) years at least 36 hours of continuing legal 2. Engage in the private practice of their profession unless
education activities. The 36 hours shall be divided as follows: authorized by the constitution or law, provided that such
a. 6 hours – legal Ethics practice will not conflict or tend to conflict with their official
b. 4 hours – trial and pretrial skills functions.
c. 5 hours – alternative dispute resolution 3. Recommend any person to any position in a private enterprise
d. 9 hours – updates on substantive and procedural laws and which has a regular or pending official transaction with their
jurisprudence office
e. 4 hours – writing and oral advocacy 4. Use or divulge confidential or classified information officially
f. 2 hours – international law and international conventions known to them by reason of their office and not available to the
g. 6 hours – such other subjects as may be prescribed by the public.
Committee on MCLE
Restrictions Against Former Official from Accepting Certain
Parties Exempted from the MCLE Employment
1. The President, Vice-President, and the Secretaries and A lawyer shall NOT, after leaving the government service, accept
Undersecretaries of executive departments; engagement or employment in connection with any matter in which he
2. Senators and Members of the House of Representatives; had intervened while in said service. [Rule 6.03, Code of Professional
3. The Chief Justice and Associate Justices of the SC, incumbent Responsibility]
and retired justices of the judiciary, incumbent members of the Section 7 (b), RA 6713 prohibits any former public official or
Judicial and Bar Council and incumbent court lawyers covered employee for a period of one year after retirement or separation from
by the Philippine Judicial Academy Program of c ontinuing legal office to practice his profession in connection with any other matter
education; before the office he used to be with.
4. The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
5. The Solicitor-General and the Assistant Solicitor-General; THE LAWYER AND THE LEGAL PROFESSION
6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel; CANON 7: UPHOLD THE INTEGRITY AND DIGNITY OF THE
7. The Chairman and Members of the Constitutional PROFESSION AND SUPPORT THE ACTIVITIES OF THE IBP
Commissions; A lawyer shall be answerable for knowingly making a false
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy statement or suppressing a material fact, in connection with his
Ombudsman and the Special Prosecutor of the Office of the application for admission to the bar. (Rule 7.01)
Ombudsman; A lawyer shall not, whether in public or private life, behave in a
9. Heads of government agencies exercising quasi-judicial scandalous manner to the discredit of the legal profession. (Rule 7.03)
functions;
10. Incumbent deans, bar reviewers and professors of law who CASE: Counsel’s act of filing multiple complaints against herein
have teaching experience for at least 10 years in accredited law complainant’s reflects on his fitness to be a member of the legal
schools; profession. His act evinces vindictiveness, a decidedly undesirable trait
11. The Chancellor, Vice-Chancellor and members of the Corps of whether in a lawyer or another individual, as complainants were
Professional Lecturers of the Philippine Judicial Academy; and instrumental in respondent’s dismissal from the judiciary. (Saburnido vs.
12. Governors and Mayors Madrono, 366 SCRA 1, September 26, 2001)

Other Exempted Parties

1. Those who are not in law practice, private or public

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CANON 8: COURTESY, FAIRNESS AND CANDOR TOWARD HIS A lawyer’s language should be forceful but dignified, emphatic
COLLEAGUES AND AVOID HARASSING TACTICS but respectful as befitting an advocate and in keeping with the dignity of
A lawyer shall not, in his professional dealings, use language the legal profession.
which is abusive, offensive or otherwise improper. (Rule 8.01)
CASE: Although aware that the plaintiff students were represented by RIGHT AND DUTY OF LAWYER TO CRITICIZE COURTS
counsel, respondent attorney, counsel for the defendants proceeded, The fact that a person is a lawyer does not deprive him of the
nonetheless, to negotiate with them and their parents without at the very right, enjoyed by every citizen, to comment on and criticize the actuations
least communicating the matter to their lawyer. This failure of of a judge.
respondent is an inexcusable violation of the canons of professional However, what he can ordinarily say against a concluded
ethics and in utter disregard of a duty owing to a colleague. (Camacho vs. litigation and the manner the judge handed down the decision therein
Pangulayan, 328 SCRA 631, March 22, 2000) may NOT generally be said to a pending action. The court, in a pending
litigation, must be shielded from embarrassment or influence in its all
CANON 9: PREVENTING UNAUTHORIZED PRACTICE OF LAW important duty of deciding the case. On the other hand, once a litigation is
Public policy requires that the practice of law be limited to those concluded the judge who decided it is subject to the same criticism as any
individuals found duly qualified in education and character. other public official because then his ruling becomes public property and
Purpose: To protect the public, the court, the client and the bar from the is thrown open to public consumption.
incompetence or dishonesty of those unlicensed to practice law and not But it is the cardinal condition of all such criticism that it shall
subject to the disciplinary control of the court. be bona fide, and shall not spill over the walls of decency and propriety.
1. A lawyer is prohibited from allowing an intermediary to
intervene in the performance of his professional obligation. CANON 12: ASSISTING IN SPEEDY AND EFFICIENT ADMINISTRATION
2. A lawyer cannot delegate to any unqualified person the OF JUSTICE
performance of any task which by law may only be performed A lawyer shall NOT appear for trial unless he has adequately
by a member of the Bar in good standing. prepared himself on the law and the facts of his case, the evidence he will
3. A lawyer cannot divide or stipulate a fee for legal services with adduce and the order of its presentation. He should also be ready with the
a person not licensed to practice law. original documents for comparison with the copies. [Rule 12.01 Code of
Professional Responsibility]
Exceptions:
1. Where there is a pre- existing agreement with a partner or A lawyer shall NOT unduly delay a case, impede the execution
associate that, upon the latter’s death, money shall be paid over of judgment or misuse court processes. [Rule 12.04, Code of Professional
a reasonable period of time to his estate or to persons specified Responsibility]
in the agreement;
2. Where a lawyer undertakes to complete unfinished legal CASE: The Court further commented that it is understandable for a
business of a deceased lawyer; party in the situation to make full use of every conceivable legal defense
3. Where a lawyer or law firm includes non-lawyer employees in the law allows it. In the appraisal, however, of such attempts to evade
a retirement plan, even if the plan is based in whole or in part liability to which a party should respond, it must ever be kept in mind
on a profit-sharing arrangement. that procedural rules are intended as an aid to justice, not as means for its
frustration. Technicalities should give way to the realities of the
situation. (Economic Insurance Co., Inc. vs. Uy Realty Co.)
LAWYER’S DUTIES TO COURTS
The duty of a lawyer to assist in the speedy and efficient
CANON 10: CANDOR, FAIRNESS AND GOOD FAITH TO COURTS administration of justice includes the duty to refrain from talking to his
A lawyer shall NOT do any falsehood, nor consent to the doing witness during a break or recess in the trial while the witness is still
of any in court; nor shall be misled, or allow the court to be misled by any under examination.
artifice. (Rule 10.01)
FORUM SHOPPING - the act of filing repetitious suits in different courts.
REQUIREMENTS OF CANDOR: It is committed through the following:
1. A lawyer shall not suppress material and vital facts which bear on the 1. Going from one court to another in the hope of securing a
merit or lack of merit of complaint or petition; favorable relief in one court, which another court has denied.
2. A lawyer shall volunteer to the court any development of the case 2. Filing repetitious suits or proceedings in different courts
which has rendered the issue raised moot and academic; concerning the same subject matter after one court has
3. Disclose to court any decision adverse to his position of which decided the suit with finality.
opposing counsel is apparently ignorant and which court should 3. Filing a similar case in a judicial court after receiving an
consider in deciding a case; unfavorable judgment from an administrative tribunal.
4. He shall not represent himself as lawyer for a client, appear for client
in court and present pleadings, only to claim later that he was not Forum shopping is prohibited by Supreme Court Circular No.
authorized to do so. 28-91, and the corresponding penalties for violation thereof are as
Note: A lawyer is not an umpire but an advocate. He is not obliged to follows:
refrain from making every proper argument in support of any legal point 1. Any violation of this circular shall be a cause for the summary
because he is not convinced of its inherent soundness. Neither is he dismissal of the multiple petition or complaint;
obliged to suggest arguments against his position. 2. Any willful and deliberate forum shopping by any party and his
lawyer with the filing of multiple petitions or complaints to
A lawyer shall NOT knowingly misquote or misrepresent the ensure favorable action shall constitute direct contempt of
contents of a paper, the language or the argument of opposing counsel, or court;
the text of a decision or authority, or knowingly cite as a law a provision 3. The submission of a fake certification under par. 2 of the
already rendered inoperative by repeal or amendment, or assert as a fact Circular shall likewise constitute contempt of court, without
that which has not been proved. (Rule 10.02) prejudice to the filing of a criminal action against the guilty
A lawyer shall observe the rules of procedure and shall NOT party. The lawyer may also be subjected to disciplinary
misuse them to defeat the ends of justice. (Rule 10.03) proceedings.

CANON 11: OBSERVANCE OF RESPECT DUE THE COURTS CANON 13: AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE
A lawyer shall observe and maintain the respect due to the THE COURT
courts and to judicial officers and should insist on similar conduct by A lawyer shall rely upon the merits of his cause and refrain
others. from any impropriety which tends to influence, or gives the appearance
A lawyer should show respect due the court and judicial officer of influencing the court.
by appearing during the trial of a case punctually and in proper attire.

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